By Garth Calitz
The Airports Company of South Africa (ACSA) is knocking on the door of the Gauteng High Court, hoping to get a thumbs-up to challenge a decision from last November. That decision put the brakes on their plans to shop for their own baggage screening equipment through an open tender process. It looks like ACSA has some serious shopping plans and they’re not planning on taking "No" for an answer!
The court decided that Aviation Co-ordination Services (Pty) Ltd (ACS), the company born from the marriage of airline associations like the Airlines Association of Southern Africa (AASA) and the Board of Airline Representatives of South Africa (BARSA), can go ahead and swap out their backup baggage screening gadgets. Meanwhile, ACSA has been told to hold its horses and not buy new screening gear until ACS's complaint about ACSA wanting to play baggage screener themselves gets sorted out.
Get ready for some airport drama! In the next few months, the review application is set to take the stage. ACSA is strutting its stuff, claiming the Constitution and aviation laws have given it the supreme duty of handling baggage screening and services at its airports. And guess what? They’re saying it’s time to roll out the open tender process!
Tuesday's hearing is ACSA's way of saying, "Hey, can we have a do-over?" They want another shot at appealing the November 2024 decision that told them, "Nope, you can't shop for fancy luggage scanners or start your own baggage screening operation," all thanks to Section 217 of the Constitution.
According to ACSA, the judgement has the effect of stopping a state organ from complying with the Constitution of the Republic and its legislative mandate and preserving an evergreen contract. ACSA believes that the Tuesday hearing is critical to ensure that it continues to comply with its legislative mandate to implement baggage screening and handling currently undertaken by ACS a private company.
ACSA Maintain, ACS has provided services for more than 20 years without the proper procurement process. After a comprehensive review, They decided that as the airport authority, it is mandated to provide the services to ensure a fair and transparent process is followed in terms of section 217 of the Constitution and the Public Finance Management Act concerning the services; and that the tariff charged is regulated in compliance with the existing economic regulation model for airports.
ACSA reiterate Implementing hold baggage screening services is a strategic move to ensure legislative compliance, enhance operational efficiency, cut costs, and secure the long-term sustainability of South Africa's airports.
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